The Allahabad High Court has set aside the summoning order issued by filling the printed proforma, declaring it against the law.
A Single Bench of Justice Saurabh Shyam Shamshery passed this order while hearing an application under section 482 filed by Naresh Singh.
The Court said that,
The law of cognizance of an offence is that when a police report is submitted before the Court concerned, the Magistrate after going through the police report and contents thereof, if finds sufficient material, he will take cognizance of any offence upon a police report of such facts. It is not necessary or mandatory that reasons thereof shall be part of order of cognizance.
However, when the Magistrate, after taking cognizance of the offence, issues summons under Section 204 CrPC, there is a requirement of an opinion that there are sufficient grounds to proceed against an accused but when the proceedings are in pursuance of a police report, there is no need of any detail order. However, it does not grant liberty to Magistrate to take cognizance and further to issue summons in a routine manner by only filling up certain blanks on a printed proforma.
The Court further said that there is no dispute that district Courts are burdened with work and for that there are some printed proformas also, still there must be details of offence on which the Magistrate took cognizance. It would be better if some application of mind in the form of opinion may be reflected specifically in the order to issue a summon.
In perusal of the order, it is evident that it is a printed proforma with filling of blanks by handwriting. In the order, there are no details of offence of which cognizance has been taken or formation of opinion to proceed against the applicant, therefore, it is suffered with non application of mind, the Court noted.
Accordingly, the Court set aside the order dated 19.03.2020 passed by Judicial Magistrate, Jalaun in Case under Sections 341/447 IPC, and Section 3 of Prevention of Damage to Public Property Act, 1984, Kotwali- Jalaun, District- Jalaun and matter is remanded back to the Court concerned to pass fresh order of cognizance and thereafter pass fresh order to summon applicant with formation of opinion in brief as required under Section 204 CrPC.
In view of above, the Court disposed of the application with aforesaid order and direction.